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THE CONSTITUTION. The proamblo.7 No the Poople of the Unitod States, in order to form a more perfoot Union, establish Justice, insuro domo stic Tranquility, provide for the common dof onco, promote the goneral Nollaro, and socur. the Blossings of Liberty to our solvos and our Posterity, do ordain and establish this Constitution for the United Statos of America.

EDITORIAL NOTES

Congress, on Feb. 21, 1787, adopted a resolution In May, 1785, a committee of Continental Con- (Journals of Continental Congress, vol. 32, pp. 7gross nade a report recommanding an alteration in the 72), in favor of a convention, and the Legislatures Articles of Confederation, but no action was taken of those States which had not already done so (with on it, and it was left to the State Legislatures to the exception of Rhode Island) promptly appointed proceed in the matter. In January, 1786, the Logis- delegates. On May 25, 1787, soven Statos having lature of Virginia passed a resolution providing for convened, George Washington, of Virginia, was unanthe appointment of five commissioners, who, or any inously elected President, and the consideration of three of them, should neet such commissioners as

the proposed constitution was commenced. On Septonnight be appointed in the other States of the Union, ber 17, 1787, the Constitution as engrossod and at a time and place to be agreed upon, to take into agreed upon was signed by all the members present, consideration the trade of the United States; to

except Mr. Gerry, of Massachusetts, and Messrs. consider how far a uniform system in their commer- Mason and Randolph, of Virginia. The president of cial regulations may be necessary to their common the convention transmitted it to the Continental Coninterest and their permanent harmony; and to report gross, with a resolution stating how the proposed to the several States such an act, relative to this Federal Government should be put in operation, and great object, as, when ratified by them, will enable an explanatory letter. On Sept. 28, 1787, (Journals the United States in Congress effectually to provide of Continental Congress, vol. 33, p. 549) Congress for the same. The Virginia commissioners, after

directed the Constitution so framed, with the re80sone correspondence, fixed the first Monday in Sop- lutions and lottor concerning the same, to "be tomber as the time, and the city of Annapolis as the transmitted to the several Legislatures in order place for the meeting, but only four other Statos to be submitted to a convention of delogatos chosen were representad, viz: Delaware, New York, New

in each Stato by the poople thereof, in conformity Jersey, and Pennsylvania; the commissioners ap

to the resolves of the convention." pointed by Massacbusetts, New Hampshire, North Carolina, and Rhode Island failed to attend. Under

Oo Mar. 4, 1789, the day which had been fixed the circunstances of so partial a representation, the for commencing the operations of Government under commissioners present agreed upon a report (Draw the new Constitution, it had been ratified by the by Mr. Hamilton, of New York), expressing their unan- conventions chosen in each State to consider it, imous conviction that it might essentially tend to as follows: Delaware, December 7, 1787; Pennsyladvance the interests of the Union if the States by vania, December 12, 1787; New Jersey, December 18, which they were respectively delegatod would concur, 1787; Georgia, January 2, 1788; Connecticut, Janand use their endeavors to procure the concurrence uary 9, 1788; Massachusetts, February 6, 1788; of the other States, in the appointment of commis- Maryland, April 28, 1788; South Carolina, May 23, sioners to meet at Philadelphia on the second Monday 1788; New Hampshire, June 21, 1788; Virginia, of Way following, to take into consideration the

June 26, 1788; and New York, July 26, 1788. et tuation of the Unito Statos; to devise such further provisions as should appear to thom neces

On January 28, 1790, tbe President informed easy to render the Constitution of the Federal Gov- Congress that North Carolina had ratified the Conornment adequate to the exigencies of the Union;

stitution on November 21, 1789; and be informed and to report such an act for that purpose to the Congress on June 1, 1790, that Rhode Island bad Unitad Státos in Congress assembled as, when agreed ratified tbe Constitution May 29, 1789. Vermont, to by then and afterwards confirmed by the Legisla- in convention, ratified the Constitution on Jantures of overy State, vould offoctually provide for wary 10, 1791, and was, by an act of Congress apthe same.

· proved February 18, 1791, ch. 7, 1 Stat. 191, "roceived and admitted into this Union as a new and

entire namber of the United States."

ARTICLE i. Section. 1. Legislative powers vostod in Congress.] A11 legislative Powers horola grantod shall be rostod in a Congress of the United Statos, which shall consist of a Sonate and Houso of Roprosontativos. CASE NOTES

fundamental law if Congress gives up its logislative Delegation of legislative power.- "The well

power and transfers it to the President, or to the known maxim 'Delega ta potestas non potest delegari, Judicial branch, or if by law it attempts to invest applicable to the law of agency in the general and itself or its members with eithor executive power or common lar, is well understood and has bad rider

judicial power. This is not to say that the three application in the construction of our Federal and branches are not co-ordinato parts of one government Stato Constitutions than it bas in privato lav, The and that each in the field of its duties may not inFederal Constitution and Stato Constitutions of this voke the action of the two other branches in so far country divide the governmental power into three

as the action invoked shall not be an assumption of branches. The first is the legislative, the second the constitutional field of action of another branch. is the executive, and the third is the judicial, and In de tornining what it may do in seeking assistance the rule is that in the actual administration of the from another branch, the extent and character of that government Congress or the Logislature should exer- assistance must be fixed acoording to common sense cise the legislative power, the President or the

and the inherent necessities of the governmental com Stato executive, the Governor, the executive power, ordination." (Hampton & Co. v. United States, 276 and the Courts or the judiciary the judicial power', U.S. 396, 405-406, Apr. 9, 1928. See also be parto and in carrying out that constitutional division Grossman, 267 U.S. 87, 119-120, Mar. 2, 1925.) into three branches it is a breach of the National

The Congress may make the revival of an act depend upon a future event, and direct that the event be made known by a future proclamation of the President. (The Aurora, ? Cr. 382, Feb. Term, 1813.)

"Of course, Congress cannot constitutionally delegate to the president legislative powers, but it may in conferring powers constitutionally exercisable by him, prescribe, or omit prescribing, special rules of their administration; or may specially authorize him to make the rules. When congress neither prescribes them, nor expressly authorizes him to make them, he has the authority inherent in the powers conferred, of making regulations necegsarily incidental to their exercise, and of choosing between legitimate alternative modes of their exer

(McCall's Case, '15 Fed. Cas. 1225, 1230, No. 8, 669, Mar. 27, 1863. )

garded as denying to the Congress the necessary ro-
sources of flexibility and practicality, which will
enable it to perform its functions in laying down
policies and establishing standards, while leaving
to selected instrumentalitios the making of subordi-
nate rules within prescribed limits and the deter
mination of facts to which the policy as declared by
the legislature is to apply. Without capacity to
give authorizations of that sort we should have the
anomaly of a legislative power which in many circum-
stances calling for its exertion would be but a fue
tility. But the constant recognition of the ne008-
sity and validity of such provisions, and the wide
range of administrative authority which has been
developed by means of them, cannot be allowed to
obscure the limitations of the authority to dele-
gate, if our constitutional system is to be main-
tained." (Panama Refining Co. v. Ryan, 293 V. S.
388, 421, Jan. ;7, 1935. See also: Field v. Clark,
143 U.S. 649, Feb. 29, 1892; Buttfield v. Stranahan,
192 V. S. 470, Feb. 23, 1904; Union Bridge Company
v. United States, 204 U.S. 364, Feb. 25, 1907;
United States v. Antikamnia Chemical Co., 231 U. S.
654, Jan. 5, 1914; United States v. Chemical Found&
tion, 272 U. 3. 1, Oct. 11, 1926; United States v.
Shreveport Grain * Elevator Co., 287, U. S. 77, Nov.
7, 1932; A. L. A. Schechter Poultry Corp. v. United
States, 295 U. 3. 495, May 27, 1935; Yakus v. United
States, 321 1. S. 414, Mar. 27, 1944; Bowl es v. Will.
inghan, 321 U. S. 503, Mar. 27, 1944; Lewis Pub. Co.
v. Wyman, 182 F. 13, Aug. 20 1910; 21 Op. Atty. Gen.
430, Oct. 24, 1896.)

cise. "

"The Constitution provides that 'All legislative powers herein granted shall be vested in a congress of the United States, which shall consist of a Sonate and House of Representatives.' Art. I, $ 1.

And the Congress is empowered 'To make all laws which shall be necessary and proper for carrying into execution' its general powers. Art. I, $78, par. 18. The Congress manifestly is not permitted to abdicate, or to transfer to others, the essential legislative junctions with which it is thus vested. Undoubtedly legislation must often be adapted to complex conditions involving a host of details with which the national legislature cannot deal directly. The Constitution has never been re

Section 2. Clause 1. Election of Representatives.7 The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

Clause 2. Qualifications of Representatives.] No Person shall be a Representative who shall not have attained to the Age of twenty five years, and been seven Years a Citizen of the United States, and who $hall not, when elected, be an Inhabitant of that State in which he shall be chosen.

Clause 3. Apportionment of Representatives and direct taxes,] Representatives and direct Taxes shall be apportioned among the several states

which may be included within this Union, according to their respective Numbers, which shall be determined by adding to the whole Number of free Persons, including those bound to Service for a Term of Years, and excluding Indians not taxed, three fifths of all other Persons. The actual Enumeration shall be made within three Years after the first Meeting of the Congress of the United States, and within every subsequent Term of ten Years, in such Manner as they shall by Law direct. The Number of Representatives shall not exceed one for every thirty Thousand, but each State shall have at Least one Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode Island and Providence Planations one, Connecticut five, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgla three.

EDITORIAL NOTE The first sentence of this clause was superseded, as to the mode of apportionment of represent

atives among the several States, by the Fourteenth Amendment, and as to taxos on income sʻwithout apport ionmont, by tho Sixteenth Amendment.

Clause 4. Filling of vacancies in House of Representatives. When vacancies happen in the Representation from any State, the Executive Authority thereof shall issue Writs of Election to fill such Vacancies

Clause 5. Officers of House of Representatives; impeaching power of House of Representatives, The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

Section. 3. Clause 1. Number and election of Senators.] The Senate of the United States shall be composed of two Senators from each State, chosen by the Legislature thereof, for six Years; and each Senar tor shall have one Vote.

EDITORIAL VOTE
This clause was suporsodod by tho Soventeenth
Amendmont.

Clause 2. Term of Senators and filling of vacancies. Immediately after they shall be assembled in Consequence of the first Election, they shall be divided as equally as may be into three Classes. The Seats of the Senators of the first Class shall be vacated at the Expiration of the second Year, of the second Class at the Expiration of the fourth Year, and of the third Class at the Expiration of the sixth Year, so that onethird may be chosen every second Year; and if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.

EDITORIAL NOTE
This clause was superseded, in part, by the
Seventeenth Amendment.

Clause 3. Qualifications of Senators. No Person shall be a Senator who shall not have attained to the Age of thirty Years, and been nine years a'Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State for which he shall be chosen.

Clause 4. The Vice-President and his vote. The Vice President of the United States shall be President of the Senate, but shall have no Vote, unless

they be equally divided. Clause 5. Officers of the Senate.) The Senate shall chuse their other Officers, and also a President pro tempore, in the Absence of the Vice President, or when he shall exercise the Office of President of the United States.

Clause 6. Trial by Senate of impeachments. The Senate shall have the sole Power to try all Impeachments. When sitting for that Purpose, they shall be on Oath or Affirmation. When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.

Clause 7. Judgment in cases of impeachment.] Judgment in Cases of Impeachment shall not extend further than to removal from Office, and disqualification to hold and enjoy any Office of honor, Trust or Profit under the United States: but the Party convicted shall nevertheless be liable and subject to Indictment, Trial, Judgment and Punishment, according to Law.

Section. 4. Clause 1. Holding of elections for Senators and Representatives? The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

Clause 2. Annual session of Congress. The Congress shall assemble at least once in every Year, and such Meeting shall be on the first Monday in December, unless they shall by. Law appoint a different Day.

EDITORIAL NOTE
This clause was superseded by the Twentieth
Amendment.

Section. 5. Clause 1. Regularity of elections, quorum to do business, etc. Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.

CASE NOTE Acts of member not legally elected.- A member of Congress who has actually been seated is a de facto member, and an act performed by him as such (the nomination of a candidate for appointment as a

midshipman at the Naval Academy) is valid, although
he may subsequently be unseated as the result of an
election contest. (21 Op. Atty. Gen. 342, May 7,
1896.)

Clause 2. Rules of proceedings; punishment of members.] Each House may determine the Rules of its Proceedings, punish its Members for disorderly Behaviour, and, with the Concurrence of two thirds, expel a Member.

CASE NOTE Rules of proceedings.- "Neither do the advantages or disadvantages, the wisdom or folly, of such a rulo present any matters for judicial consideration. With the courts the question is only one of power. The Constitution empowers each house to determine its rules of proceedings. It may not by its rules ignore constitutional restraints or violate

fundamental rights, and there should be a reasonable
relation between the mode or method of proceeding
established by the rule and the result which is
sought to be attained. But within these limitations
all matters of method are open to the determination
of the house, and it is no impeachment of the rule
to say that some other way would be better, more
accurate or even more just. It is no objection to

the validity of a rule that a different one has been prescribed and in force for a length of time. The power to make rules is not one which once exercised is exhausted. It is a continuous power, always subject to be exercised by the house, and within the

limitations suggested, absolute and beyond the challenge of any other body or tribunal." (United States v. Ballin, 144 U.S. 1, 5, Feb. 29, 1892. See also United States v. Smith. 286 U.S. 6, May 2, 1932.)

/Clause 3. Journal of proceedings. Each House shall keep a Journal of its Proceedings, and from time to time publish the same, excepting such Parts as may in their Judgment require Secrecy; and the Yeas and Nays of the Members of either House on any question shall, at the Desire of one fifth of those Present, be entered on the Journal.

Clause 4. Temporary adjournments. Neither House, during the Session of Congress, shall, without the Consent of the other, adjourn for more than three days, nor to any other Place than that in which the two Houses shall be sitting.

CASE NOTE Meaning of "adjourn". - The use of the word "adjourn" in this clause in connection with threeday recesses would indicate that the words "adjourn"

and "adjournment" as used in other clauses of the Constitution include an interim as well as a final adjournment of Congress. (Pocket Veto Case, 279 U.S. 655, May 27, 1929.)

Section. 6. Clause 1. Compensation and privilege of Senators and Representatives. The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States. They shall in all Cases, except Treason, Felony and Breach of the Peace, be privileged from Arrest during their Attendance at the session of their respective Houses, and in going to and returning from the same; and for any Speech or Debate in either House, they shall not be questioned in any other place.

CASE NOTES Privilege of Senators and Representatives."The words 't reason, felony, and breach of the peace' were used by the framers of the Constitution in Sec. 6, Art. I, and should be construed, in the same sense as those words were commonly used and understood in England as applied to the parliamentary privilege, and as excluding from the privilege all arrests and prosecutions for criminal offenses, and confining the privilege alone to arrests in civil cases. (williamson v. United States, 207 U. S. 425, Jan. 6, 1908.)

Defamatory words uttered during a speech in the United States Senate Chamber are absolutely privileged, notwithstanding allegations that they were not spoken in discharge of a Senator's official duties. (Cochran v. Couzens, 42 F.2d 783, June 2, 1930, cert. den., 282 U.S. 874, Oct. 20, 1930.)

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Under the act of Feb. 16, 1909, ch. 131, secs. 11 and 12, 35 Stat. 621-622, a court of inquiry is empowered to subpoena a Representative attending a session of Congress, but if he refuses to appear, he can not be compelled to do so owing to the fact that under this clause of the Constitution he would be privileged from arrest for the misdemeanor so committed. (Court of Inquiry Rec. No. 5203, pp. 1281-1286, 1293-1294, 1339-1343, 1363-1365, 1422.)

The privilege from arrest does not exempt Senators and Representatives from being served with, and required to obey, a subpoena in a criminal case. (United States v. Cooper, 25 Fed. Cas. 626, No. 14,861, Dec. Term, 1855.)

Clause 2. Appointment of Senators or Representatives to other offices. No Senator or Representative shall, during the Time for which he was elected, be appointed to any civil Office under the Authority of the United States, which shall have been created, or the Emoluments whereof shall have been encreased during such time; and no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office.

CASE NOTES Scope and operation of clause.- This clause prevents the appointment of a former Senator to a civil office created after his resignation from the Senate, but "during the time for which he was elected." (17 Op. Atty. Gen. 365, May 25, 1882.)

The President is not authorized to nominate for office a person ineligible under this clause, and such a nomination, although confirmed by the Senate, can not be made the basis of an appointment to the nominee even when his disqualification

(17 Op. Atty. Gen. 522, Feb. 21, 1883.)

and which I see no occasion to disturb) Members of
the Congress may enter the armed forces by enlist-
ment, commission or otherwise. Upon entry into
such service the individual ceases to be a member
of the Congress provided the House or the Senate,
as the case may be, chooses to act. There have,
of course, been cases in which the congressional
body affected did not choose to raise the question.
It would be a sound and reasonable policy for the
Executive Department to refrain from commissioning
or otherwise utilizing the services of Members of
the Congress in the armed forces. The Congress has
recognized the soundness of this policy by includ-
ing in the Selective Training and Service Act of
1940, 54 Stat. 885, a provision exempting Members
of the Congress from induction thereunder." (40
Op. Atty. Gen., 76, Dec. 23, 1943.)

ceases.

"The required conclusion [concerning the legality of acceptance of commissions in the armed forces by Members of the Congress is that under the practice (which appears to have long prevailed

Section. 7. Clause 1. Bills for raising revenue.7 All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.

Clause 2. Approval and disapproval of bills by President. Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such cases the Votes of both Houses shall be determined by Yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill 'shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.

CASE NOTES
Scope and peration of clause.- "This provision,
in so far as the President is concerned, deals with
three contingencies:

1. Approval of a bill by signing it;
2. Disapproval'of a bill by return of it with

objections;
3. Failure either to approve by signing, or to

disapprove by returning, in which case,
(a) If Congress have not adjourned, the bill

becomes a law;
(b) If Congress have adjourned, the bill

does not become a law." (32 Op. Atty.
Gen. 225-226, June 19, 1920.)

A bill which had originated in the Senate was vetoed by the President and returned with his objections to the Senate during a three-day adjournment of that body. The House of Representatives was in session at the time. The bill with the President's message was received by the Secretary of the Senate, and submitted by him to the Senate when it reconvened. The issue presented was whether the veto was effective in view of the fact that the President's objection had not been received within the ten-day period by the originating house while in session. Held, that an adjournment of the Congress prevents a return of the bill by the President within the period of ten days allowed for that purpose, but that since the Senate alone had adjourned, the constitutional provision did not apply and the veto was effective. (Wright v. United States, 302 U.S. 583, Jan. 17. 1938.)

"After a bill has been presented to the President, no further action is required by Congress in respect of that bill unless it be disapproved by him and within the time prescribed by the Constitution be returned for reconsideration.

It has properly been the practice of the President to informa Congress by message of his approval of bills, so that the fact may be recorded. But the essential thing to be done in order that albill may become a law by the approval of the President is that it be signed within the prescribed time after being presented to him. That being done, and as soon as done, whether Congress is informed or not by message from the President of the fact of his approval of it, the bill becomes a law, and is delivered to the Secretary of State as required by law." (La Abra Silver Mining Company v. United States, 175 U.S. 423, 454, Dec. ll, 1899.)

Under this provision of the Constitution, a bill which is passed by both Houses of Congress during the first regular session of a particular Congress and presented to the President less than ten days (Sundays excepted) before the adjournment of that session, but is neither signed by the President nor returned by him to the House in which it originated, does not become a law. When the adjournment of Congress prevents the return of a bill within the allotted time, the failure of the bill to become a law cannot properly be ascribed to the disapproval of the President, but is attributable solely to the action of Congress in adjourning before the time allowed the President for returning the bill had expired. The term "adjournment," as used in this constitutional provision, is not limited to the final adjournment of the Congress. (Tocket Veto Case, 279 U, S. 455, May 27, 1929.)

A bill signed by the President within ten days (Sundays excepted ) after being presented to him, but after the final adjournment of the Congress that passed it, becomes a law. (Edwards v. United States, 286 U.S. 482, May 31, 1932. Accord: 32 Op. Atty. Gen. 225, June 19, 1920; 36 Op. Atty. Gen. 403, Mar. 4, 1931.)

Failure by the President to return bills which were presented to him before and after the adjournment of Congress from July 1943, to Sept. 14, 1943, during a session of Congress, would result in their being pocket vetoed and not becoming law. (40 Op. Atty.Gen., No. 70, July 16, 1943. )

Clause 3. President's action on joint resolutions. Every Order, Resolution, or Vote to which the Concurrence of the Senate and House of Representatives may be necessary (except on a question of Adjournment) shall be presented to the President of the United States; and before the Same shall take Effect, shall be approved by him, or being disapproved by him, shall be repassed by two thirds of the Senate and House of Representatives, according to the Rules and Limitations prescribed in the Case of a Bill.

Section. 8. The Congress shall have Power Clause 1. Power to lay and collect taxes, imposts and excises; power to pay debts; power to provide for common defense and general welfare; rule of uniformity] To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

EDITORIAL NOTE
In connection with this clause, see the Sixteenth
Amendment and the following judicial decisions on the
subject of taxation: Hylton v. United States, 3 Dall.

171, Feb. Term, 1796; The License Tax Cases, 5 Wall.
452, 471, Dec. Term, 1866; Pollock v. Farmers' Loan
* Trust Co., 157 U. S. 429, 556-557, Apr. 8, 1895, and
158 V. S. 601, 618, May 20, 1895; Knowlton v. Moore,

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